DUNNELLON – CSX has asked for, and been granted, more time to continue cleaning up the creosote-treated railroad ties in Dunnellon.
Lauren Purdy of the Gunster Law Firm in Jacksonville, who’s representing CSX, told Special Magistrate Audrie Hoehn on March 10 that her client has filed a motion for re-consideration, seeking more time to argue that it has not violated city code.
The attorney said her team was talking with city officials. No one from CSX attended a January meeting because CXS was told it would be continued. Purdy noted that CSX officials did attended a Feb. 10 meeting.
A city official told the magistrate the city would agree to a 60-day continuance so long as the site is being cleaned.
The magistrate agreed to the 60-day continuance. By the time it’s over, CSX officials are hopeful that the site will be cleaned.
Update from CSX official
At the last special magistrate proceeding, held Feb. 10, the magistrate ruled that starting Feb. 13, CSX will incur a fine of $250 per day. But the fine has not yet being imposed.
Both city and county officials have said the railroad ties are in violation of their respective ordinances, and they want them removed.
The property where the ties are kept is owned by CSX. Track Line Rail LLC owns the actual ties.
Craig Camuso, regional vice president of CSX, spoke at the March 10 hearing. He said since Feb. 10, 145 railcars have taken away approximately 64,000 railroad ties from the site. Camuso said he’s expecting 20 railcars some time this week to haul about 8,000 ties from the area.
He said approximately 113 railcars are being dedicated to handling railroad ties.
The railroad ties are being taken to a site in Alabama that’s owned by Track Line Rail LLC, Camuso said.
The railroad executive said 346 truck loads of soil have been removed from the site and transported to Jacksonville. And 426 loads of dirt have replaced the soil that was taken away.
He said there’s security at the site from 6 p.m. to 6 a.m. and it will remain there until the end of March. He said water and soil testing have been conducted, and the results have been deemed acceptable by the Florida Department of Environmental Protection.
The CSX official said his company has tested six homes and is open to test more.
“We feel good where we’re right now,” Camuso said.
Injunction and lawsuit
Marion County government officials said in a March 3 news release that the county has filed a complaint seeking a court injunction. The purpose: “to preserve the county’s rights should progress in removing the railroad ties and cleaning up of the Dunnellon site stall.”
“The injunction,” officials said, “is a protective legal remedy intended to ensure the county can act swiftly if necessary. County officials remain hopeful that recent strides to remove the railroad ties and remediate the site will continue and lead to an amicable resolution.”
At a special city council meeting held March 2, Dunnellon city officials decided to hold off on joining the county in that legal filing, opting instead to see if movement at the affected site continues smoothly.
The injunction is sought against CSX, Track Line Rail LLC and Florida Northern Railroad.
A Miami law firm, The G Law Group, has filed a class action lawsuit against CSX, Track Line Rail LLC and Florida Northern Railroad alleging “these companies stored the toxic railroad ties in an unsecured manner near homes and the ecologically sensitive Rainbow River, despite orders from Marion County officials to remove them,” according to a news release issued by the law firm.
The release notes the firm is “representing individuals and families affected by serious accidents, toxic exposure, and corporate malfeasance” and the suit is “alleging a pattern of ignored warnings.”
Background of this matter
The creosote-treated railroad ties are stacked on land in Dunnellon and just outside the city limits in unincorporated Marion. Both county and city officials declared state of emergencies either at the time, or within days after the Feb. 1 blaze that torched a large portion of the estimated 100,000 railroad ties.
Since the fire, Dunnellon Vice Mayor Tim Inskeep was chosen by his colleagues to monitor cleanup at the site.
Inskeep has made two reports to council. The last report was on March 2, when he said water and soil testing from the fire location has not turned up any violations of Florida Department of Environmental Protection safety thresholds.
At the same meeting, he said 60 percent of the railroad ties that were not burned have been removed. Railroad ties that were burned, along with trees and affected soil, have been taken away, the councilman said.
Residents had been voicing their concerns about the railroad ties storage in the neighborhood for months. There have been several meetings addressing the issue. The railroad ties were near Chatmire, a mostly Black neighborhood, and Blue Cove.
In early December, residents were told in a meeting that the railroad ties would be removed as soon as possible. The railroad ties were being taken away when the fire hit on Feb. 1.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: CSX gets more time for Dunnellon railroad tie cleanup
Reporting by Austin L. Miller, Ocala Star-Banner / Ocala Star-Banner
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